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HomeMy WebLinkAbout09-24-12 Regular Meeting of La Porte City Council LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Mayor Pro-Tem, Councilmember at Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember at Large B Councilmember District 5 MIKE MOSTEIT MIKE CLAUSEN Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Councilmember District 2 CITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meetingof the La Porte City Council to be held September 24, 2012, beginning at 6:00 p.m.in the Council Chambers of City Hall, 604 West Fairmont Parkway, LaPorte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. 1. CALL TO ORDER 2. INVOCATION – The invocation will be givenbyRev. Brian Christen, La Porte Community Church. 3. PLEDGE OF ALLEGIANCE – The Pledge of Allegiancewill be led by Councilmember Tommy Moser. 4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Proclamation – “Airport Appreciation Month”– Mayor Rigby 5. PUBLIC COMMENTS (Limited to five minutesper person.) 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests anitem be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regular City Council meeting held on September 10, 2012 – P. Fogarty (b) Consider approval or other action regardingan Interlocal Agreement between Harris County Transit Authority and the City of La Porte for local bus service through October 31, 2013– T. Leach (c) Consider approval or other action authorizing the City Manager to execute a Land Lease Agreement with Trees for Houston – S. Barr (d) Consider approval or other action regardingan ordinance authorizing the City Manager to execute a Water Service and Sanitary Sewer Service Agreement with Vigavi Realty LLC., at 11804 Fairmont Parkway, in the Bayport Industrial District – T. Tietjens (e) Consider approval or other action regardingan agreement with AT&T for Hosted Exchange services utilizing DIR Contract No. DIR-SDD-646– J. Suggs (f) Consider approval or other action authorizing the City Manager to execute the First Amendment to Interlocal Agreement with Harris Countyfor the useof Harris County’s Public Safety Radio System – K. Adcox (g) Consider approval or other action amending a Resolution that discloses the authority to commit fund balances and set a reserve policy and commit funds for current capital projects – M. Dolby (h) Consider approval or other action regardingan ordinance amending the City of La Porte Development Ordinanceby capping fill dirt permit feesfor project sites – T. Tietjens 7.AUTHORIZATIONS/ORDINANCES/RESOLUTIONS (a) Consider approval or other action authorizing the City Manager to execute a professional services agreement with Mueller Management for the Planning Department audit – T. Leach (b) Consider approval or other action authorizing the Parks and Recreation Director to execute an agreement with Robin and Leticia Rollins for continued operation of a Vendor’s Market at Five Points Plaza – S. Barr (c) Consider approval or other action reimbursing permit fees paid by La Porte Real Properties in the amount of $24,587.00 – T. Tietjens (d) Consider approval or other action regardingproposedMeet and Confer Agreement between the City of La Porte and the La Porte Police Officers’ Association– K. Adcox (e) Discussion or other action regarding comprehensive street evaluation – D. Pennell 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding possible amendmentsto construction requirements for dust free surfaces – T. Tietjens (b) Discussion or other action regarding ordinance establishing guidelines for travel and business expenses by City Council members when attending educational meetings – Mayor Rigby (c) Discussion or other action regarding letter of support for the Port of Houston Sunset Advisory Commission – Mayor Rigby (d) Discussion or other action regarding vote for nominees for the Texas Municipal League Intergovernmental Risk Pool Board of Trustees – P. Fogarty (e) Discussion or other action appointing members to various boards, commissions and committees – P. Fogarty 9. STAFF REPORTS (a) Receive report of Fiscal Affairs Committee – Councilmember Engelken (b) Receive Delinquent Tax Report – Mayor Rigby 10. ADMINISTRATIVE REPORTS (a) Citizens Charter Review Advisory Commission Meeting, Tuesday, September 25,2012 (b) Salute to Industry Golf Tournament, Wednesday, October 3, 2012 (c) Salute to Industry Dinner, Thursday, October 4, 2012 (d) City Council Meeting, Monday, October 8, 2012 (e) City Council Meeting, Monday October 22, 2012 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies– CouncilmembersMoser, Kaminski,Zemanek, Leonard, Engelken, Mosteit, Clausen, Martinand Mayor Rigby. 12. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.071(1)(A) – Pending or Contemplated Litigation – State vs. Port of Houston - Sound Mediation Texas Government Code, Section 551.071(1)(A) – Pending or Contemplated Litigation – Tammy Cooper vs. City of La Porte Texas Government Code, Section 551.074 – Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander, City Manager 13. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. 14. ADJOURN I n compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the September 24,2012, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on September18, 2012. Patrice Fogarty, City Secretary Council Agenda Item September24, 2012 1.CALL TO ORDER 2.INVOCATION – The invocation will be given by Rev. Brian Christen, La Porte Community Church. 3.PLEDGE OF ALLEGIANCE – The Pledge of Allegiance will be led by Councilmember Tommy Moser. 4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Proclamation – “Airport Appreciation Month” – Mayor Rigby 5.PUBLIC COMMENTS (Limited to five minutes per person.) *********************************************************************************** LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Mayor Pro Tem Councilmember District 4 Councilmember at Large A JAY MARTIN DOTTIE KAMINSKI Councilmember District 5 Councilmember at Large B MIKE CLAUSEN MIKE MOSTEIT Councilmember District 6 Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCILOF THE CITY OF LA PORTE SEPTEMBER 10,2012 Monday,September 10, 2012, The City Council of the City of La Portemet in a regularmeetingonat the 6:00 p.m City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the followingitems of business: 1.CALL TO ORDER Mayor Rigbycalled the meeting to order at 6:00 p.m. Members of Council present: CouncilmembersZemanek, Mosteit, Martin, Kaminski, Clausen, Leonardand Moser.Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, Assistant City Manager Traci Leach and Assistant City Attorney Clark Askins.Councilmember Engelken was absent. 2.INVOCATION -The invocation was given byMichael Thannisch,Congregation Benim Avraham. 3.PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led by Councilmember Jay Martin. 4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Proclamation – “La Porte Alzheimer’s Action Day” – Mayor Rigby Mayor Rigby presented the “La Porte Alzheimer’s Action Day” proclamationto Kristen Leeand Karen Young from the Alzheimer’s Association Houston & Southeast Texas Chapter. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Chuck Rosa, 812 S. Virginia, addressed Council with comments regarding property taxes. Charles Childress, #1 Bellchase Gardens, Beaumont, TX.,addressed Council in favor of agenda Item 9a andhopes Council votesin favor of staffs’ recommendations. In addition, he requesteda refund for his fill dirt permit. Gideon Jones, 10403 Quiet Hill, addressed Council regarding the La Porte Airplane and Auto Show on October 6, 2012, and extended invitations to the entire community, in addition to providing information regarding proceeds from the event. th Larry Haller, 122 S. 17, addressed Council with concerns of dust control issues at a container storage yard. Mr. Haller informed Council it was his fourth time addressing them with his concerns and expressed the need to know when the issue wouldbe resolved. 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regular City Council meeting held on August 27, 2012 – P. Fogarty Page 1 of 7 September 10, 2012, City Council Meeting Minutes (b) Consider approval or other action awarding Request For Proposal#12506 for grounds maintenance services at various sites throughout the City of La Porte – S. Barr (c) Consider approval or other action regarding Foreign Trade Zone letter of non-objection and inventory tax agreement between Gulf Winds International, Inc., and the City of La Porte – S. Osborne Regarding Consent Item B, Councilmember Zemanek questioned if Camp’s Landscape Services was the lowest bidder. Parks and Recreation Director Stephen Barr responded the grounds maintenance services was not a bid; it was a Request for Proposal, and the best choice was based oncost,ability to meet specifications with equipment,andprior service and experience. Councilmember Zemanek asked if Camp’s Landscape Services was presently employed with the City. Mr. Barrinformed that the City currently has two contracts, one with Camp’s Landscape Services and the other with Ground Star, Inc. Councilmember Zemanek requested voting separately on Consent Item B. CouncilmemberLeonard moved to approve Consent AgendaItemsA and C, pursuant to MOTION PASSED. recommendations by staff.CouncilmemberMartin seconded. Ayes: Mayor Rigby, Councilmembers Leonard, Kaminski, Zemanek, Clausen, Mosteit, Martin and Moser Nays: None Absent:Councilmember Engelken Councilmember Clausen moved to approve Consent AgendaItem B,pursuant to recommendations MOTION PASSED. by staff.Councilmember Martin seconded. Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Martin and Moser Nays: Councilmembers Zemanek, Leonard, and Kaminski Absent:Councilmember Engelken 7.PUBLIC HEARING AND ASSOCIATED MATTERS (a) Public Hearing to receive comments regarding the City of La Porte’s Fiscal Year 2012-2013 Proposed Budget – M. Dolby The public hearing was opened at 6:23p.m. regarding the City of La Porte’s Fiscal Year 2012-2013 Proposed Budget. Finance Director Michael Dolby presented an overview and PowerPoint presentation. Councilmember Zemanek questioned the increase in cost for mowing the airport. Public Works Director Dave Mick responded the increase was due to lease fees.CouncilmemberZemanek requested theannual costof mowing the airport facility. Mr. Mick responded $35,000.00 – $36,000.00. Councilmember Martin commented he would like to see more revenue for repairing city streets. Councilmember Moser questioned the amount in unrestricted funds. Finance Director Michael Dolby responded $60,000,000.00. Mayor Rigby asked Finance Director Michael Dolby if the Fiscal Policyfor the Utility Fundshould be updated and show 90-120 days instead of 60-90 days. Mr. Dolby responded yes, good suggestion. Page 2 of 7 September 10, 2012, City Council Meeting Minutes Chuck Rosa, 812 S. Virginia, addressed Council and commented he would rather see less street repairs and more money for employees. Phillip Hoot, 927 Seabreeze, addressed Council and complimented City staff on the budget, commented the elimination of a sanitation worker position could be a mistake since the City is short of sanitation workers, the Golf Course counts for two percent of revenue, but four percent of costs, and expressed concerns of property tax increases. The public hearing was closed at 7:12 p.m. Councilmember Zemanek questioned if voting in favor of the proposed budgetwould include an increase to employees for medical benefits. Mayor Rigby responded that is correct. Mayor Rigby commented the tax rate hasnot been raisedin 24 years; the amount of tax increases seen by citizens over the years isdue to property valuations set by the Harris County Appraisal District;the actually City tax rate has been consistent for the past 24 years. (b) Consider approval or other action regarding an ordinance approving and adopting the City of La Porte’s Fiscal Year 2012-2013 Proposed Budget – M. Dolby Ordinance2012-3431: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013;FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET;FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Clausenmovedto approve the City of La Porte’s Fiscal Year 2012-2013 Budget. MOTION FAILED. Councilmember Mosteitseconded. Ayes: Mayor Rigby, Councilmembers Martin, MosteitandClausen Nays: Councilmembers Leonard, Zemanek, Kaminski and Moser Absent:Councilmember Engelken Councilmember Leonard commented he proposes not to raise health care contributions paid by employees. Mayor Rigby commented the Chapter 172 Employee, Retiree Insurance & Benefit Boardstudied the increase on more than one occasion, recommended anincrease to Council more than on one occasion, the increase was discussed extensively during the budget process, and now the increases arebeing rejected. Councilmember Leonard responded yes to MayorRigby’s comment. Councilmember Leonard moved to amend the City of La Porte’s Fiscal Year 2012-2013 Budgetwith no increase in employeeinsurancerates and with no other changes to the proposed budget. City Manager Corby Alexander commented part of the budget presentation includesincreases and decreases on the employees’ side.Councilmember Leonard commented he did not recall a decrease in the PPO500 Plan butdid recall premiums increasing. Mayor Rigby asked if the motion was to revert back without increases to employees. City Manager Corby Alexander asked Council if staff was being directed to keep employees contributions the same as the past. Page 3 of 7 September 10, 2012, City Council Meeting Minutes Councilmember Leonard moved to amend the proposed City of La Porte’s Fiscal Year 2012-2013 Budgetwith employee portion of the insurance plan to remain as it is currently. Councilmember MOTION PASSED. Zemanek seconded. Ayes: Councilmembers Leonard, Zemanek, Mosteit, Moser and Kaminski Nays: Mayor Rigby, Councilmembers Martin and Clausen Absent:Councilmember Engelken Ordinance2012-3431: Assistant City Attorney Clark Askins again read the caption of AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 8.ORDINANCES/RESOLUTIONS (a) Consider approval or other actionregarding a resolution adopting the 2012 Appraisal Roll of the Harris County Appraisal District – M. Dolby Finance Director Michael Dolby presented a summary. Resolution2012-09: Assistant City Attorney Clark Askins read the caption of A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2012 APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT. Councilmember Clausenmoved to approve Resolution 2012-09 adopting the 2012 Appraisal Roll of MOTION PASSED. the Harris County Appraisal District.Councilmember Leonardseconded. Ayes: Mayor Rigby, Councilmembers Leonard,Kaminski, Martin, Mosteit, Zemanek, Clausen, and Moser Nays: None Absent:Councilmember Engelken (b) Consider approval or other action regarding an ordinance establishing the tax rate for the current tax year for a total tax rate of $.71 perhundred-dollar valuation – M. Dolby Finance Director Michael Dolby presented a summary. Ordinance2012-3432: Assistant City Attorney Clark Askins read the caption ofAN ORDINANCELEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FIDNING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Leonardmoved to approve Ordinance 2012-3432establishing the tax rate for the current tax year for a total tax rate of $.71 perhundred-dollar valuation.Councilmember Clausen MOTION PASSED. seconded. Ayes: Mayor Rigby, Councilmembers Leonard, Kaminski,Martin, Mosteit, Zemanek, Clausen, and Moser Nays: None Absent:Councilmember Engelken Page 4 of 7 September 10, 2012, City Council Meeting Minutes (c) Consider approval or other action regarding an ordinance establishing the La Porte Municipal Court as the “Municipal Court of Record in the City of La Porte, Texas,” effective October 1, 2012, and an ordinance appointing a Presiding Judge and Alternate Judges to four-year terms – D. Mitrano Municipal Judge Denise Mitrano presented a summary. Councilmember Zemanekmoved to approve Ordinance 2012-3433establishing the La Porte Municipal Court as the “Municipal Court of Record in the City of La Porte, Texas,” effective MOTION PASSED. October 1, 2012. Councilmember Moser seconded. Ayes: Mayor Rigby, Councilmembers Leonard, Kaminski, Martin, Mosteit,Zemanek, Clausen, and Moser Nays: None Absent:Councilmember Engelken Councilmember Mosermoved to approve Ordinance 2012-3434appointing a Presiding Judge and Alternate Judges for the Municipal Court of Record in the City of La Porte for a termof fouryears. MOTION PASSED. Councilmember Leonardseconded. Ayes: Mayor Rigby, Councilmembers Leonard, Kaminski, Martin, Mosteit, Zemanek, Clausen, and Moser Nays: None Absent:Councilmember Engelken Ordinance2012-3433: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF LAPORTE AMENDING CHAPTER 46, “MUNICIPAL COURT,” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ESTABLISHING THE LA PORTE MUNICIPAL COURT AS A COURT OF RECORD, CONTAINING A REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance2012-3434: Assistant City Attorney Clark Askins read the caption of AN ORDINANCE APPPOINTING A PRESIDING JUDGE AND ALTERNATE JUDGES FOR THE MUNCIPAL COURT OF RECORD IN THE CITY OF LA PORTE, FOR A TERM OF FOUR YEARS; PROVIDING A SEVERABILITY CLAUSE, CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. 9. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding the fill dirt permit requirements within Development Ordinance 1444 and/or associated policies – T. Tietjens Planning Director Tim Tietjens presented a summary. Mr. Tietjens asked Council if they would like to provide the same inclusion in the ordinance for a parking lot as for a building footprint. Councilmember Leonard questioned if staff had compared the City of La Porte’sordinance to other neighboring cities’ ordinances to determine if it was the same or different. Mr. Tietjens responded a formal survey had not been done. Councilmember Mosteit questioned if requirements for detention was the same for sand fill permits. Mr. Tietjens responded the detention rules do not apply east of State Highway 146, and detention is being performed by La Porte Real Property on the west end of the track. Page 5 of 7 September 10, 2012, City Council Meeting Minutes Councilmember Martin commented he would be in favor of keeping the two separate ordinances and would recommend staff consider putting a limit on the fees between $3,000.00 - $5,000.00. Council directed staff to bring back an ordinance for consideration with a fee limited at $5,000.00. (b) Discussion or other action regarding vote for nominees for the Texas Municipal League Intergovernmental Risk Pool Board of Trustees – P. Fogarty City Secretary Patrice Fogarty presented a summary. Council directed staff to evaluate the nominees and bring this item back to Council for consideration at the next Council meeting. (c) Discussion or other action appointing members to various boards, commissions and committees – P. Fogarty City Secretary Patrice Fogarty presented a summary. Mayor Rigby wondered aloud if there isa need for the Chapter 172 Employee, Retiree Insurance &Benefit Boardif their recommendations are going to be disregarded. Councilmember Clausen commented he is in agreement with the comment. Councilmember Zemanek responded City Council has the final say over recommendations by the Chapter 172 Board. Councilmember Leonard moved to appoint Robert Eldridge to Alternate Position 2 on theChapter MOTION 172Employee, Retiree Insurance & Benefit Board. Councilmember Moser seconded. PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Kaminski, Martin, Mosteit, Zemanek, Clausen, and Moser Nays: None Absent:Councilmember Engelken 10. STAFF REPORTS (a) Receive Hurricane Season Report from Emergency Management Coordinator – J. Suggs Emergency Management CoordinatorJeff Suggs gave a comprehensive presentationregarding the City’s state of preparedness. He stated OEM has identified additional opportunities for improvement: Additional generators PD cell site Securing City buildings 11. ADMINISTRATIVE REPORTS (a) Chamber of Commerce Annual Steak Cookout, Thursday, September 13, 2012 (b) Health & Safety Fair, Saturday, September 22, 2012 (c) Fiscal Affairs Committee Meeting, Monday, September 24, 2012 (d) City Council Meeting, Monday, September 24, 2012 City Manager Corby Alexander added Requests for Proposals (RFPs) havebeen sent out for the th Planning Audit, and staff will have a recommendation at the September 24Council Meeting. 12. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies– CouncilmembersMartin,Moser,Kaminski, Zemanek,Leonard, Engelken, Mosteit, Clausenand Mayor Rigby. Page 6 of 7 September 10, 2012, City Council Meeting Minutes Councilmember Martin thanked Emergency Management Coordinator Jeff Suggs for his presentation; CouncilmembersMoserand Kaminskithanked Finance Director Michael Dolby and his staff for the budget presentation and Emergency Management Coordinator Jeff Suggs for his presentation;Councilmember Zemanek thanked Emergency Management Coordinator Jeff Suggs for his presentation, commented he is looking forward to a report from Public Works Director Dave Mick, commented on the Ribbon Cutting for Sylvan Beach Pavilion he attended and reminded th everyone of the anniversary of September 11; Councilmember Leonard congratulated the recipients of the proclamation presented and thanked Finance Director Michael Dolby and Emergency Management Coordinator Jeff Suggs for their presentations;Councilmember Mosteit thanked staff for their presentations, commented he has concerns about the amendment to the budget in regards to medical insurance and that Council and employees eventually will have to make some adjustments in the future; Councilmember Clausen also thanked Finance Director Michael Dolby and Emergency Management Coordinator Jeff Suggs for their presentationsand commented the vote on the amended budget was not encouraging to members of the Chapter 172 Employee, Retiree Insurance & Benefit Board; and he felt they were not given direction by Council not to increase insurance for employees, and the employees will feel the impact later; Mayor Rigby directed staff to provide Council a report on what is being done to assist Mr. Haller with his concern th on 17 Streetand commented the budget presented tonight had been discussed during the April Council Retreat, the Chapter 172 Employee, Retiree Insurance & Benefit Boardhad presented items to Council on two separate occasions, a presentation was presented during the Budget Meetings, and Finance Director Michael Dolby hasadvised Council for years that something needs to be done; and the recommendations werea good step toward getting the health fund issues resolved. 13. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. 14. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. There was no executive session held. 15.ADJOURN There being no further business, Councilmember Mosteit moved to adjournthe meeting at 8:52 p.m. Respectfully submitted, _______________________________ Patrice Fogarty, City Secretary Passed and approved on September 24, 2012. ________________________________ Mayor Louis R. Rigby Page 7 of 7 September 10, 2012, City Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM _____________________________________________________________________________________________ SUMMARY & RECOMMENDATION October 1, 2012 ction Required by Council: Approved for City Council Agenda 10,959 5,676 996 24,268 33,536 19,053 Fairmont @ 146 Fairmont @ 6th Library Rec Ctr Lutheran Church @ 146 146 @ Bay Harbor 146 @ McCabe 146 @ Fairfield Fairmont @ Broadway San Jac @ Park Utah @ Bayshore Utah @ E. E Neighborhood Ctr San Jac @ Broadway Broadway @ 3rd Jennie Riley Main @ 5th Spencer @ Farrington Spencer @ Underwood Spencer @ East REQUEST FOR CITY COUNCIL AGENDA ITEM _____________________________________________________________________________________________ SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda FOR CITY COUNCIL AGENDA ITEM REQUEST Appropriation Agenda Date Requested: September 24, 2012 ______N/A___________ Source of Funds: Tim Tietjens Requested By: Account Number:______N/A__________ Department: Planning Amount Budgeted: _____N/A___________ Report: _ __Resolution: ____Ordinance: _X__ Amount Requested: ____N/A__________ Exhibits: Budgeted Item: YES XNO Ordinance Water Service Agreement Sanitary Sewer Service Agreement Area Map SUMMARY & RECOMMENDATION _____________________________________________________________________________________ Action Required by Council: _____________________________________________________________________________________ Approved for City Council Agenda ___________________________________________________________ Corby D. Alexander, City Manager Date AREA MAP (11804 Fairmont Pkwy.) 1 inch = 500 feet FAIRMONT PKWY LOCATION OF PROPERTY Legend CITY LIMITS REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: September 24, 2012 Source of Funds:IT Budget Requested By: Jeff Suggs Account Number:00160665195007 Department: Administration/IT Amount Budgeted: $25,000 Report: Resolution: Ordinance: Amount Requested:$48,461.52 (2-year) Exhibits:AT&T Agreement Exhibits: DIR Contract No. DIR-SDD-646 Budgeted Item:YES XNO Exhibits: SUMMARY & RECOMMENDATION DESCRIPTIONCHARGES NRC TOTAL$19,629.60 24 Month Total$48,461.52 Total Exchange Price: $68,091.12 Action Required by Council: Approved for City Council Agenda CorbyD. Alexander,City Manager Date AT&T and Customer Proprietary Confidential Page 1 of 20 Do not disclose or duplicate Appendix C to DIR Contract No. DIR-SDD-646 MS-004-2012 SERVICE AGREEMENT NO. THIS SERVICE AGREEMENT NO. : MS-004-2012 (the "Service Agreement") _22nd___day of ____August_______, between City of La Porte ("Customer"), and AT&T ("Vendo This Service Agreement is entered into between Customer and AT&T 646 (Contract€). Customer and AT&T agree that: (i) except to t Service Agreement, all the terms and definitions of the Contract Agreement, (ii) the schedules and exhibits attached hereto are i any inconsistent or contradictory terms between the Contract and shall control. This Service Agreement is effective on the date o Customer and Vendor hereby agree as follows: 1. DEFINITIONS All defined terms that are used in the Contract will have the sa for purposes of this Service Agreement, the following terms shal Service Commencement Date€ means the date AT&T and Customer agr operational and AT&T begins to take the first help desk calls fo 2. TERM The term for Service provided under this Service Agreement (the Commencement Date and shall continue until 24 months, unless ear the provisions of this Service Agreement or Section 8.B. of the 3. TERMINATION 3.1 TERMINATION. Customer may terminate this Service Agreement Contract and this Section 3. 3.2 CONVENIENCE TERMINATION FEE. If Customer terminates this Se accordance with Section 8.B.3 of the Contract, the following ter formula will be referenced as agreed upon in the DIR contract.] 4. SERVICE ELEMENTS AT&T will provide City of La Porte with a Hosted Exchange servic 5. PRICING 5.1 Customer will be invoiced for Hosted Exchange Services a one for 24 months. 5.2 INVOICES FOR CHARGES AND EXPENSES. Invoice submission and payment shall be in accordance with the C 6. PERFORMANCE STANDARDS See Scope of Work 7. CUSTOMER SITES 604 W. Fairmont Pkwy, La Porte, TX 77571 8. TRANSITION PLAN See Scope of Work AT&T and Customer Proprietary Confidential Page 2 of 20 Do not disclose or duplicate 9. CUSTOMER HISTORICAL SERVICE BASELINE 10. AFFECTED EMPLOYEES City of La Porte employees. 11. THIRD PARTY AGREEMENTS 12. PURCHASED EQUIPMENT If Customer must purchase equipment, the equipment must be purc or Customer must receive an exemption approval. 13. OPERATIONS PLAN OUTLINE See Scope of Work 14. OTHER N/A IN WITNESS WHEREOF the Parties have executed this Service Agreem written. CUSTOMER AT&T By:_______________________ By:_________________________ Name:_____________________ Name:_______________________ Title::______________________ Title:________________________ Date:_______________________ Date:________________________ AT&T and Customer Proprietary Confidential Page 3 of 20 Do not disclose or duplicate · · · · · · · · · · · · · · · · · · · · · · · AT&T and Customer Proprietary Confidential Page 4 of 20 Do not disclose or duplicate · · · · · · · · · · · · · · · · · · · · · AT&T and Customer Proprietary Confidential Page 5 of 20 Do not disclose or duplicate AT&T and Customer Proprietary Confidential Page 6 of 20 Do not disclose or duplicate · · o o o o o o o AT&T and Customer Proprietary Confidential Page 7 of 20 Do not disclose or duplicate AT&T and Customer Proprietary Confidential Page 8 of 20 Do not disclose or duplicate · · · · · AT&T and Customer Proprietary Confidential Page 9 of 20 Do not disclose or duplicate · · · · · · AT&T and Customer Proprietary Confidential Page 10 of 20 Do not disclose or duplicate AT&T and Customer Proprietary Confidential Page 11 of 20 Do not disclose or duplicate AT&T and Customer Proprietary Confidential Page 12 of 20 Do not disclose or duplicate AT&T and Customer Proprietary Confidential Page 13 of 20 Do not disclose or duplicate AT&T and Customer Proprietary Confidential Page 14 of 20 Do not disclose or duplicate AT&T and Customer Proprietary Confidential Page 15 of 20 Do not disclose or duplicate AT&T shall provide the Services for the Charges stated below for 9.1 9.2 NRC TOTAL:$19,629.60 24 Month TOTAL$48,461.52 · · AT&T and Customer Proprietary Confidential Page 16 of 20 Do not disclose or duplicate AT&T and Customer Proprietary Confidential Page 17 of 20 Do not disclose or duplicate AT&T and Customer Proprietary Confidential Page 18 of 20 Do not disclose or duplicate Provide a description of the impact of the change (increase in dura dependency, additional resources required change to design, chan AT&T and Customer Proprietary Confidential Page 19 of 20 Do not disclose or duplicate AT&T and Customer Proprietary Confidential Page 20 of 20 Do not disclose or duplicate Appendix A Standard Terms and Conditions For Services Contracts Appendix A Standard Terms and Conditions For Services Contracts Appendix A Standard Terms and Conditions For Services Contracts 1.No Quantity Guarantees 2.Definitions A.Customer B.Contract C.CPA D.Day E.Purchase Order Appendix A Standard Terms and Conditions For Services Contracts F.State 3.General Provisions A.Entire Agreement B.Modification of Contract Terms and/or Amendments 1) 2) C.Invalid Term or Condition 1) 2) D.Assignment Appendix A Standard Terms and Conditions For Services Contracts E.Survival F.Choice of Law 4.Contract Fulfillment and Promotion A.Service, Sales and Support of the Contract B.Internet Access to Contract and Pricing Information 1)Vendor Website 2)Accurate and Timely Contract Information 3)Website Compliance Checks 4)Website Changes Appendix A Standard Terms and Conditions For Services Contracts 5)Use of Access Data Prohibited 6)Responsibility for Content C.DIR Logo D.Vendor Logo E.Trade Show Participation Appendix A Standard Terms and Conditions For Services Contracts F.Performance Review Meetings G.DIR Cost Avoidance 5.Purchase Orders, Invoices, and Payments A.Purchase Orders B.Invoices 1) 2) C.Payments 6.Contract Administration A.Contract Administrators 1)State Contract Administrator Appendix A Standard Terms and Conditions For Services Contracts 2)Vendor Contract Administrator B.Reporting and Administrative Fees 1)Reporting Responsibility a) b) 2)Detailed Monthly Report 3)Historically Underutilized Businesses Subcontract Reports a) b) 4)DIR Administrative Fee a) b) Appendix A Standard Terms and Conditions For Services Contracts 5)Accurate and Timely Submission of Reports a) b) C.Records and Audit 1) 2) 3) Appendix A Standard Terms and Conditions For Services Contracts 4) D.Contract Administration Notification 1) 2) 7.Vendor Responsibilities A.Indemnification 1)INDEPENDENT CONTRACTOR VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS CONTRACT, IT IS FURNISHING SERVICES IN THE CAPACITY OF AN INDEPENDENT CONTRACTOR AND THAT VENDOR IS NOT AN EMPLOYEE OF THE CUSTOMER, DIR OR THE STATE OF TEXAS. 2) Appendix A Standard Terms and Conditions For Services Contracts 3) 4) B.Taxes/Worker’s Compensation/UNEMPLOYMENT INSURANCE Appendix A Standard Terms and Conditions For Services Contracts C.Vendor Certifications Appendix A Standard Terms and Conditions For Services Contracts Excluded Parties List System (EPLS) "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, D.Ability to Conduct Business in Texas E.Equal Opportunity Compliance F.Use of Subcontractors G.Responsibility for Actions Appendix A Standard Terms and Conditions For Services Contracts H.Confidentiality 1) 2) I.Security of Premises, Equipment, Data and Personnel J.Background and/or Criminal History Investigation K.Limitation of Liability L.Purchase of Commodity Items (Applicable to State Agency Purchases Only) 1) 2) Appendix A Standard Terms and Conditions For Services Contracts 3) M.Overcharges N.Prohibited Conduct 8.Contract Enforcement A.Enforcement of Contract and Dispute Resolution 1) 2) Appendix A Standard Terms and Conditions For Services Contracts B.Termination 1)Termination for Non-Appropriation 2)Absolute Right "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, Excluded Parties List System (EPLS) 3)Termination for Convenience 4)Termination for Cause a)Contract b)Purchase Order Appendix A Standard Terms and Conditions For Services Contracts 5)Customer Rights Under Termination 6)Vendor Rights Under Termination C.Force Majeure 9.Notification A.Notices B.Handling of Written Complaints Appendix A Standard Terms and Conditions For Services Contracts 10.Captions REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: 9-24-12 Source of Funds: Requested By:Ken Adcox Account Number: Department: Police Amount Budgeted: Report: Resolution: Ordinance:X Amount Requested: Exhibits:First Amendment to Inter-local Agreement for Use of Harris County’s Public Safety Radio Budgeted Item:YESNO System Ordinance # 2004-2752 Authorizing Original Exhibits: Inter-local Agreement and Said Agreement SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCILAGENDA ITEM Amount Budgeted Agenda Date Requested: Source of Funds:N/A Requested By Account Number: Department: Amount Budgeted: : Report: Resolution:xxOrdinance Amount Requested: Exhibits: Budgeted Item: YESNO Exhibits: Action Required by Council: Approved for City Council Agenda Corby Alexander, City Manager Date FOR CITY COUNCIL AGENDA ITEM REQUEST Appropriation Agenda Date Requested: September 24, 2012 ______N/A___________ Source of Funds: Tim Tietjens Requested By: Account Number:______N/A__________ Department: Planning Amount Budgeted: _____N/A___________ Report: _ __Resolution: ____Ordinance: _X__ Amount Requested: ____N/A__________ Exhibits: Budgeted Item: YES XNO Ordinance 1444-A Ordinance Amendment SUMMARY & RECOMMENDATION _____________________________________________________________________________________ Action Required by Council: _____________________________________________________________________________________ Approved for City Council Agenda ___________________________________________________________ Corby D. Alexander, City Manager Date ORDINANCE NO. __________ DRAINAGE AND STORM SEWERS, AS AN ORDINANCE AMENDING SECTION 11.02, ESTABLISHED INLA PORTEORDINANCE NO. 1444-A,AND AS AMENDED, REGULATING THE PLATTING OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA PORTE AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOREACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that all prerequisites of law have been satisfied, and hereby determines and declares Section 11.02, Drainage And Storm Sewers that amendments to ,are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 2. Section 11.02, Drainage and Storm Sewers, as set forth inCity of La Porte Ordinance No. 1444-A, and as amended, is hereby amended by amending Exhibit “A”, pertaining to the addition of a Fill Dirt Permit(but exempting back fill for foundations from the permit requirement), adding Fill Dirt regulations, grading standards, and swale standards; requiring sketch plans and approval prior to the introduction of fill material; and providing for silt prevention and revegetation standards. Said Exhibit “A”, as amended,isattached to this Ordinance, and is incorporated by reference herein as if set forth verbatim.” Section 3.Section 11.02, Drainage and Storm Sewers, of City of La Porte Ordinance No. 1444-A, and as amended, is hereby amended by amending thefill dirt permit fee. Said fee shall beas set forth on Exhibit “A”, attached to this ordinance, i.e. $0.00 for loads 1 through 5, and then $25.00 totalfor loads 6 through 49 ofpermitted fill dirt, and $2.00 per load for each additional load.In no case shall the total fill dirt permit fee for a specified project site exceed $5000.00, ORDINANCE NO. 1444-G Page 2 regardless of the number of loads. Any person who places fill dirt on their property without first applying for and obtaining a fill dirt permit shall be guilty of a misdemeanor. Section 4. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. Section 5. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous zoning ordinances which would otherwise become non-conforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior zoning ordinances of said City of La Porte. Section 6. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law ORDINANCE NO. 1444-G Page 3 preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 8. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least oncewithin ten (10) days after the passage of the Ordinance. PASSED AND APPROVED THIS THE ____ DAY OF ______________, 2012. CITY OF LA PORTE By: ___________________________ LOUIS R. RIGBY, Mayor ATTESTATION: By: _______________________ PATRICE FOGARTY, City Secretary APPROVED: By: _______________________ CLARK T. ASKINS Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM _____________________________________________________________________________________________ SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda PLANNING AUDIT RFP 12-19 - EVALUATION WORKSHEET SUMMARY Total Municipal Weighting Zucker Mueller CriteriaPlanning PercentSystemsManagement Services 1) Depth and breadth of 25%1.221.160.98 planning/zoning experience 2) Customer focused approach 25%1.191.040.88 to issues 3) Ability to meet deadlines20%0.650.730.70 4) Fee15%0.310.630.56 5) References/Clients within 15%0.340.600.35 Houston metropolitan area Final Scores100% 3.714.153.47 REQUEST FOR CITY COUNCIL AGENDA ITEM SUMMARY & RECOMMENDATION except for the summer months, June, July, and August, in which the vendor events will be moved to the evening hours, beginning at 5 pm and ending at 9 pm (setup to begin at 4 pm and cleanup until10 pm). Action Required by Council: Approved for City Council Agenda CITY OF LA PORTEPARKS AND RECREATION DEPARTMENT INDEPENDENT CONTRACTORAGREEMENT FOR FIVE POINTS MARKET PROGRAM Market at Five Points . Additional Named Insured, Certificate of Insurance Relationship to Parties: No Waiver of Immunity Authorization of Agreement Severability Third Parties Notice To the City of La Porte: To INDEPENDENT CONTRACTOR: No Assignment Governing Law REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:September 24, 2012 Source of Funds: N/A Requested By:Tim Tietjens Account Number: N/A Department:Planning Amount Budgeted:N/A Report: X Resolution:Ordinance: Amount Requested:N/A Exhibits: Receipt of Payment from La Porte RealProperties Budgeted Item:YESNO SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: 9-24-12 Source of Funds: Requested By:Ken Adcox Account Number: Department: Police Amount Budgeted: Report: X Resolution: Ordinance: Amount Requested: Exhibits:Meet and Confer Agreement Budgeted Item:YESNO Exhibits: SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date Meet and Confer Agreement Between The City of La Porte And The La Porte Police Officers Association Table of Contents Article Provision Page Definitions 3 I Authority and Recognition 4 II Hiring Preemptions 5 III Wages 7 IV Incentive Pay 10 V Education 12 VI Promotion to Ranks of Sergeant 13 & Lieutenant VII Physical Fitness 14 VIII Compensatory Time 16 IX Association Leave 17 X Grievance Procedure 19 XI Duration 22 Signature Page 23 Attachment A 24 Definitions For the purposes of this agreement, the following definitions sh A) Accredited College or University means one that is listed by accrediting agency approved by the United States Department of Education, and as of result of that accreditation, offers cours accredited B)Chief means the Chief of Police of the La Porte Police Department or his designee. C)City means the City of La Porte, Texas. D)Coveted position as used in this Agreement means any position Department to which more than one sworn employee has expressed a interest in being assigned by the Chief. E)Department means the La Porte Police Department. F)Employee means a sworn Police Officer who is a member of the bargaining unit. G)Employer means the City of La Porte. H)Officer means any sworn Police Officer who is a covered by thi Agreement. I)Association means the La Porte Police Officers Association J)TCLEOSE means the Texas Commission on Law Enforcement Officers Standards and Education. K)TLGC means the Texas Local Government Code. Unless otherwise stated, it is understood and mutually agreed that masculine and feminine pronouns refer to, and include, both genders equally. Article I Authority and Recognition 1)The City of La Porte and the La Porte Police Officers Association have voluntarily met and reached agreement on the conditions set out agreement pursuant to the provisions of the Texas Local Governme Chapter 142 et. seq., Subsection B. To the extent that this Agreement is in conflict with or changes Chapter 143, TLGC or any other statute, order, local ordinance, or rule, this Agreement shall supersede provision, as authorized by Section 142.067 of the TLGC. 2)The City recognizes the La Porte Police Officers Association as exclusive bargaining agent for all non-probationary Police Officers in the La Porte Police Department, excluding the Chief of Police and the Assistant Chiefs of Police. Article II Hiring Preemptions 1)In adopting this Agreement, the parties recognize the need for m flexibility in the hiring process to meet the needs of the Depar believe it improves the selection process by allowing for the laof experienced Police Officers, Certified Texas State Peace Officer otherwise qualified mature applicants. 2)Effective with the ratification of this Agreement, the City shal fill vacancies in the entry level Police Officer classification by hiring experienced police officers and/or peace officers certified by TCLEOSE without requiring these applicants to take a civil service exam. An applicant hired pursuant to this Article may be appointed directly to a pay grade/step commensurate with his/her level of experience; however applicants hired in this manner shall not receive any sort of longevity or seniority relating to promotional eligibility, shift bidding, pay or other privileges of employment. Once a newly-hired Police Officer is placed in the appropriate pay grade/step, the Officer shall progress through the remaining ste pay scale on each anniversary date, so long as all eligibility r contained in this Agreement are met. To qualify for the lateral entry program, applicants must pass a physical fitness exam, a comprehensive background investigation, to inclu psychological, polygraph, medical exam, drug screening and a 12 m probationary period. Applicants must additionally meet the following criteria: Education and Experience: Graduation from an accredited Police A Licenses and Certificates: Possess a Basic Peace Officer license issued by TCLEOSE by the time of appointment. 3)Police Officers hired pursuant to this Article shall be compensa according to his or her total number of years of full time experience in law enforcement, up to a maximum of seven (7) years. The Chief of Po make the final determination of whether an applicant meets the criteria of the Lateral Entry Program, and his decision shall be final and non- appealable to the Civil Service Commission or to any court. No rank will transfer. 4)Specifically, this Article preempts, to the extent of any confli State statutes, local ordinances, executive orders or civil service provisions as they relate to the hiring of the classification of Police Officer. More specifically, this Article pre-empts TLGC, Section 143.023 (c), and permits the Department to hire persons 45 years of age and above, provided that the person has five (5) years of cumulative active military serv years of continuous service as a certified peace officer in the State of Texas by the estimated date of hire and can meet all other hiring crit for employment as a Police Officer with the City of La Porte. A eligible to apply for a position as a Police Officer in the Department unless the person will be at least 21 years of age at the time of commi meets minimum eligibility requirements for a Police officer as o local civil service and TCLEOSE rules. 5) To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Go Code. In addition to the pre-emption noted in Subsection 4 above, this Article also pre-empts Sections 143.024, 143.025, and 143.026 of the Texas Local Government Code. Article III Wages 1)The City of La Porte and the La Porte Police Officers Associati agree that a market approach philosophy has been used as a gui determine appropriate wage scales for Officers of the Department definition of market is the median salary for each pay grade f surveyed. In implementing this approach, the parties agreed to wage rates with Police Officers in comparative cities within the region. The parties agree that Police Officers covered by this Agreement shall be compensated at the salary rates included in Attachment A, whic incorporated into this Agreement, except as provided in Article on 2, the wage scale shall be effective upon ratification by the As the City Council and remain in effect until September 30, 2013. 2)Employees shall receive step increases on the anniversary of the appointment to their current rank. If an employee receives a less than satisfactory performance evaluation (anything below a 3), the em will not receive a pay increase of any type (including lump sum referenced in Article III Subsection (4) and the current step in held until the employee earns a satisfactory evaluation (3 or above). the employees performance evaluation has been improved to a satisfactory rating, the employee shall be placed at the then-current step for his/her time in grade. If an employee receives an exceptional evaluation (above a 4), the employee will be moved up two steps his/her anniversary date. Upon receiving the next evaluation, t employee shall be placed at the then-current step for his/her time in grade. This Section will not apply to any cost of living raises or pay scale adjustments. 3)If an employee receives a less than satisfactory performance eva outlined in this Article, the employee may appeal the performanc evaluation according to the following process: A)All performance evaluation appeals shall be submitted by the affected employee to the Chief of Police in writing within seven (7) cale days from the date that the employee receives the evaluation. B)The Chief of Police shall render a written decision to the affected employee within seven (7) calendar days of the date the appeal w received by the Chief of Police. C)If the Chief of Police upholds the performance evaluation, the employee may submit such evaluation appeal to the City Manager. Such appeal must be filed within seven (7) calendar days of the the Chief of Police rendered or should have rendered a written decision. D)The City Manager shall render a written decision to the affected employee within seven (7) calendar days of the date the employee filed the appeal with the City manager. E)If the appeal remains unresolved, the employee or his/her representative may file the appeal to the civil service commissi commission shall hear the appeal at their next regular scheduled service meeting. The City of La Porte and the affected employee his/her representative may present witnesses, evidence and other relevant information to the civil service commission. The civil commission shall render a decision as to the validity of the performance evaluation and such decision shall be final and binding upon all parties. F)The time limitations described herein may be waived by mutual agreement in writing by the City of La Porte and the affected employee. G)It is the intent of all parties subject to this agreement that a aforementioned evaluation appeal be resolved at the lowest level possible. 4)Employees who have reached the last step of the wage scale and w received a satisfactory performance evaluation of 3 or above s paid a lump sum of one thousand dollars ($1,000.00) each year on the anniversary of appointment to their current rank. Employees who reached the last step of the wage scale and who have received an exceptional evaluation (above a 4), shall be paid an additional one thousand dollar ($1,000) bonus, for a total lump sum payment of two thousand dollars ($2,000), on the anniversary of appointment to current rank. As is the case with other exceptional employees r additional performance based wage step incentives, the additional bonus provided to employees who have already reached the last step of scale will be available to the employees a maximum of once every year. 5)To the extent that any of these provisions differ from Chapter 1 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Go Code. This Article specifically pre-empts Sections 143.041(b) of the Texas Local Government Code. 6)The City and the Association agree that all provisions of the City o Emergency Pay Policy, as adopted by the La Porte City Council on July 23, 2012, shall apply to all officers covered under this Agreement. Article IV Incentive Pay 1)The City shall pay each employee holding a Masters Certificate granted by TCLEOSE the sum of $150.00 per month. The City shall pay each employee holding an Advanced Certificate granted by TCLEOSE the sum of $125.00 per month. The City shall pay each employee holding an Intermed certificate granted by TCLEOSE the sum of $100.00 per month. 2)The City shall pay each employee holding a Masters Degree obtain an accredited university the sum of $150.00 per month. The City shall pay each employee holding a Bachelors Degree obtained from an accredited university the sum of $125.00 per month. The City shall pay each employee holding an Associate Degree obtained from an accredited university the sum of $100.00 per month. 3)In an effort to encourage Police Officers to continue their coll education, effective with the signing of this agreement, Police entitled to receive both certificate and educational incentive p, up to a maximum of three hundred ($300.00) per month. Employees shall not be permitted to earn monthly incentive pay for more than one TCLEOS certificate and/or for more than one college degree. 4)To ensure that records are accurate and incentive pay is issued manner, Police Officers are solely responsible for reporting and providi proper documentation to the Chief of Police or his/her designee that the Police Officer has completed training and/or education outside the Department. Police Officers are not entitled to retroactive pay. Incentive pay shall begin at the beginning of the next payafter the date on which the Police Officer provides proof of certification and/or receipt of a college degree in accordance with this Article. 5)To the extent that any of these provisions differ from Chapter 1 Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Go Code. Specifically, this Article pre-empts Section 143.044(b) and (c). Article V Education 1)In order to be eligible for voluntary transfer into a coveted po, as defined in this Agreement, within the Police Department, all Off after 13 July 2009 must have completed a minimum of 20 college hours from an accredited college or university. 2)In order to be eligible to participate in promotional examinatio Sergeant or Lieutenant, Officers must have completed a minimum o60 college hours from an accredited college or university or have a combination of a minimum of 20 college hours from an accredited college or university and 40 TCLEOSE training credits calculated at the training hours equal to 1 training credit, for a total of 60 hours. 3)To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Go Code. Specifically, this Article pre-empts Section 143.028(b), 143.031. Article VI Promotion to the Ranks of Sergeant and Lieutenant 1) Promotions to the rank of Sergeant and Lieutenant shall be in 1) accordance with applicable Civil Service Law as established in T 143 with each promotional candidate from the police department who receives a grade of at least 70 points on a promotional examination being considered as having passed the examination. Additionally, the the Association agree that seniority points will only be added to the promotional candidates score if the applicant scores 70 or more the written examination. 2) During the term of this Agreement, representatives of the Associ and the City agree to, in good faith, explore reasonable improve the procedure for the examination of applicants for promotions t of Sergeant and Lieutenant. Both parties agree to meet and disc reference to improving the procedures for promotions during the frame of October 1, 2012 and April 30, 2013. These discussions w scheduled at the convenience of both parties in order to provide timesaving and educational element before the next contract negotiation. These alternative procedures will be presented for deliberation consideration at the next Meet and Confer session. Article VII Physical Fitness 1)Officers hired after 13 July 2009, shall be required to pass an annual physical fitness assessment in order to be eligible for voluntar coveted position, as defined in this Agreement, or to participate in promotional exams. The physical fitness assessment will be the same as the assessment required by the City of La Porte Civil Service Rule for Police applicants. 2)All Police Officers employed by the La Porte Police Department are encouraged to voluntarily participate in a quarterly physical fitness assessment. The physical fitness assessment will be the same as the assessment required by the City of La Porte Civil Service Rule for police applicants. Employees may, at their option, instead choose to voluntarily participate in the general City-employee wellness program. 3)Employees participating in Police Departments physical fitness program or the Citys general employee wellness program shall not be paid f spent preparing for assessments, personal conditioning, or engag work-out related activities. When on-duty, police officers will, however, be allowed to participate in quarterly assessments during their wor Under no circumstances will participating Police Officers be eli simultaneously receive the cash bonus under both the general City- employee wellness program and the Police Departments physical f program. 4)All Police Officers who pass the physical fitness assessment will be authorized to wear a special physical fitness award ribbon on uniform and will receive a physical fitness cash bonus of $250.00 for each quarterly physical fitness assessment successfully passed to be end of the calendar year. At no time shall such fitness bonus exceed $1000.00 annually. 5)To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Go Code. Specifically, this Article pre-empts Section 143.044(d). Article VIII Compensatory Time 1)All sworn Police Officers shall be eligible to accumulate and ac compensatory time at a rate of time and one-half the hours actually worked, up to a maximum of 40 hours. All compensatory time provisions o the Fair Labor Standards Act shall be adhered to by the City of the Police Officers covered under this agreement. 2)As with other forms of leave, compensatory time may be accrued and taken only after the employee submits a written request and receives approval by his or her immediate supervisor. Compensatory time off shall be the sole discretion of the Department, and will not be granted i required to achieve minimum staffing levels. The City may opt to pay employees for accrued compensatory time at any time. Article lX Association Leave 1)Except as provided for under Section 2 below, during the term of this Agreement, each year on or before December 31 the City shall assess from each Association member two (2) hours of accrued vacation leave time to be placed in an Association business leave pool. Association me the approval of the Association Board of Directors, shall be allowed to debit the pool during the calendar year when attending to Association business, including, but not limited to, time spent representing Association at meetings or events; representing members at disci hearings, grievances or on other job-related matters; attending seminars or training programs; and attending to business associated with the meet and confer process. 2)Any Association member shall have the option to opt out of parti the Association Leave Pool and avoid the aforementioned vacation leave assessment by notifying the Human Resources Department prior to January 1st of any applicable year, during the term of this Agreement. Such notice shall be in writing and the Human Resources Department shall thereafter send a copy of it said notice to the Association within thirty (30) days. Should any officerwillingly and voluntarily give or provide additional minutes of credited leave time to the pool, he/she may do so by delivering by proving written notice to the Human Resources Department, who then will furnish a copy of same to the Association within thirty (30) days. The Human Resources Department shall provide the Association with a statement as to the leave balance in this pool every ninety (90) days. 3)The Association shall request Association Leave off for eligible members at least forty-eight (48) hours in advance, by delivering written notice to the Chief. Association Leave shall be viewed the same as requests for reg vacation and will be subject to supervisory approval, with staffing and other considerations taken into account. As with all other forms of l Chief of Police deems it necessary, he/she may order Association on Association Leave to immediately report back to work. 4)The pool shall be cumulative during the term of this Agreement. only required to make an individual assessment from Association who have at least two (2) hours of accrued vacation time at the time the City makes the assessment. 5)The Chief will consider requests for additional time off without attend to other Association business. Any such request shall be in writing and delivered to the Chief at least forty-eight (48) hours in advance of the requested leave. Article X Grievance Procedure 1)The purpose of this grievance procedure is to establish effectiv for the fair, expeditious and orderly adjustment of grievances. involving the interpretation, application or enforcement of a sp of this agreement by one or more employees shall be brought to t attention of the Association Grievance Committee in writing with (15) calendar days of when the employee knew or should have know the occurrence or occurrences that gave rise to the grievance. Association may bring a grievance that is an on-going practice by the City which affects the bargaining unit as a whole Class Action with (15) calendar days of when the Association knew or should have k the grievance. Within fifteen (15) calendar days of the receipt of the grievance, the grievance committee shall determine if a valid grievance exists. opinion of the Association Grievance Committee, no grievance exi Association denies the grievance, the Association Grievance Committee shall notify the employee. If the Association Grievance Committ the grievance, the Association shall, within seven (7) calendar accepting the grievance, present written notice of the grievance Chief of Police. 2)The Chief of Police shall render a written decision to the Associ Grievance Committee within seven (7) calendar days of the date t Association Grievance Committee filed such grievance with the Ch Police. 3)If the grievance remains unresolved, the Association Grievance C or its representative may submit said grievance to the office of Manager. Said grievance, if submitted, must be filed within sev calendar days of the date the Chief of Police rendered or should rendered a written decision. 4)The City Manager shall render a written decision within seven (7 days of the date the Association Grievance Committee filed said with the City Manager. 5)If the grievance remains unresolved, the Association Grievance C or its representative may request that the grievance be submitte grievance mediation through an independent third-party such as the Federal Mediation and Conciliation Services (FMCS). The parties agree that any fees and expenses associated with mediation shall be shared equally by the submitting Police Officer and by the City. The c witness are paid by the party who calls the witness. The costs attorney are paid by the party that retains the attorneys servi 6)If the grievance remains unresolved following mediation, the Ass Grievance Committee or its representatives may the request that grievance be submitted to arbitration, said request must be subm writing to the office of the City manager within seven (7) calendar days from the date an official impasse is declared relating to mediat 7)Either party may request the Federal Mediation and Conciliation (FMCS) or American Arbitration Association (AAA) to provide a li arbitrators in accordance with its selection rules. Either party shall have the right to reject the list submitted by FMCS or AAA. In that FMCS or AAA will be requested to submit another list. The Parti select an arbitrator from the list. The parties, by mutual agre select to use AAA expedited rules. A)The powers of the arbitrator shall be limited as follows: 1)He shall have no power to add, to subtract from, or modify any of the terms of this agreement. 2)The arbitrator shall deal only with the grievances that occasioned the arbitrators appointment. 3)The decision of the arbitrator, if within the scope of the arbitrators authority, shall be final and binding upon the parties. 4)The arbitrator shall be empowered to determine whether an issue is subject o arbitration pursuant to this agreement. 8)The parties hereto agree that the Arbitrators fees and expenses equally by the appealing Police Officer and by the City. The co witness are paid by the party who calls the witness. The costs of an attorney are paid by the party that retains the attorneys servi 9)A grievance not filed within any of the time limitations specified herein shall not be considered timely and shall be void. The time limitations described herein may be waived by mutual agreement in writing by Association Grievance Committee and the appropriate management official. Article XI Duration 1)The provisions covered under this agreement will be effective upon ratification by the La Porte Police Officers Association and ap La Porte City Council, in accordance with Chapter 142 of the Tex Government Code. This Agreement shall expire at midnight September 30, 2013. In the event that a new Agreement has not been reached by that date, the parties may mutually agree to extend this Agreement. 2)The City of La Porte and the La Porte Police Officers Associati the meet and confer process no later than May 1, 2013, unless the parties mutually agree in writing to defer the start of the proc date. Agreement to be signed by its Association President, by order of its membership, and the City of La Porte has caused this agreement to be signed by its City Manager on the ____________ day of ____________________________, 20___. La Porte Police Officers City of La Porte, Texas Association By: ______________________________ By: ___________________________ President City Manager By: ______________________________ By: ___________________________ Witness Witness REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda DateRequested: September 24, 2012 Source of Funds: Street Tax Requested By: David Mick Account Number: Department:Public Works Amount Budgeted:Reserve Funds Report: Resolution: Ordinance: Amount Requested:$28,670 Exhibits:Proposal Document Budgeted Item: $111,276 Estimated Exhibits: Pg. 8-17, Draft FY 13 Budget; Street Tax Fund Reserve Funding Available SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:September 24, 2012 Source of Funds: N/A Requested By:Julian Garza Account Number: N/A Department: Planning Amount Budgeted:N/A Report: X Resolution: Ordinance: Amount Requested:N/A Exhibit:Chapter 106 ArticleVI, Ref 835(f) and 837 Budgeted Item:YESNO Exhibit:Chapter 106 Article VI, Ref 835(f) Fig. 10.2 Exhibit: Chapter 106 Article VI – Ref 416, L L District Exhibit:Chapter 106 Article III Division 3Ref 444(b) Exhibit:Ordinance 904 Concrete Standard Exhibit:Options Table SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested September 24,2012 Source of Funds: Requested ByPatrice Fogarty Account Number: Department:City Secretary Amount Budgeted: Report X Resolution: Ordinance: Amount Requested: Exhibits: Ordinance No. 3346 Budgeted Item:YESNO Exhibits: SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda REQUEST FOR CITY COUNCIL AGENDA ITEM _____________________________________________________________________________________________ SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda September24, 2012 Sunset Advisory Commission Robert E. Johnson Building PO Box 13066 Austin, TX 78701 Honorable Commission: As a party that is directly affected by the Port of Houston's op submit the following letter of support and comments on the Sunset Commissions review of the Port of Houston Authority. The City has over 3 miles of bay frontage within our corporate city limits and the bay is an essential part of this Citys history, identity, and qualiLike Shoreacres and Morgans Point, many of our residents and our facilities on the Bay significantly predate Port operations in the area. The City and the Port have enjoyed a productive and cooperative While we may not always agree with the how things get done, the Port and the City both have the areas best economic interests at heart and have worked together towards that end. The positive economic impact resulting from Port operations has benefitted La and economic activity to our City. While we do support the Port, on behalf of the residents of La P additional comments related to the Sunset Commissions report. Overall, the City heartily supports the recommendations aimed at improving transparency and accountability at the agency. Most of our 1, 2, 3 comments revolve around Issues and of the report, which deal with governance, accountability, and planning. 1. While the report appropriately documents the credibility problems the Pith local communities and stakeholders, it does not really provide specific recommendations on how that relationship can be improved. The organizational culture of community involvement at the Port Authority has traditionally been one that uses public involvement as a means to convince others that "the Port knows best" rather than one meant to listen and respond. Two significant issues for the City have been the proposed dumping of dredge disposal material in Upper Galveston Bay associated with the deepening and widening project and noise associated with Port operation We observed progress on the dredge disposal issue during our recent interaction with the Port Authority, but we would like to see that progress solidified and codified into the Port's community involvement process and culture for future issues a well. 2. One of the problems that local communities experience with the Port Commission is its lack of direct ties and accountability to the Bay Area, one of the most affected areas by the Port's direct operations. The City opposes the recommendation of switching one appointment from the local governments to the State. This would exacerbate rather than improve this issue. While State-wide coordination of Port activities is needed, adding one state appointee to the governing body of one of the state's many Ports will do little to address this issue. We recommend that the position identified in the report for changed appointment responsibility (the one currently appointed jointly by the City of Houston and Harris 604 W. Fairmont Parkway La Porte, TX 77571 (281) 471-5020 www.laportetx.gov in County) be appointed instead by the mayors of the cities Harris County abutting Galveston Bay (excluding Pasadena, which already holds its own appointment). The representative currently in to as the "small cities representative" is in fact appointed by ALL cities Harris County and can come from any cities along the Ship Channel except Houston or Pasaden 3. As a public agency with the need for improved credibility with l Port Authority needs to move its web site and other publications from propaganda to more balanced information. For example, in its recent battle with local communities about dredge disposal in Upper Galveston Bay, the Port posted all letters supporting its position on its web site but posted no letters opposing it. In this case, it should have posted all correspondence received on both sides of an issue or letters at all. 4. Clearly, many of the Port's recent problems are a result of inadg-term planning. The report recommends an improved planning process. The City requests that local in stakeholders be involved in this planning process in a meaningfu stakeholders its long- term planning process is the best way to prevent future battles during project implementation. The City is appreciative of the work that the Sunset Commission Port of Houston Authority. We hope that the Port will move to adopt the changes recommended that will further enhance our relationship with the Port. There are horizon for our City, the Port, and the region and we hope that the reports recommendations will help us continue the positive relationship we have enjoyed with the Port. Thank you for your consideration. Respectfully, Louis R. Rigby Mike Mosteit Chuck Engelken MayorCouncilman, Dist. 1 Councilman, Dist.2 Daryl Leonard Tommy Moser Jay Martin Councilman, Dist. 3 Councilman, Dist. 4 Councilman, Dist. 5 Mike Clausen Dottie Kaminski John Zemanek Councilman, Dist. 6 Councilperson, At Large Councilman, At Large REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:September 24,2012 Source of Funds: Requested By: Patrice Fogarty Account Number: Department:City Secretary Amount Budgeted: Report X Resolution: Ordinance: Amount Requested: Exhibits: OfficialBallot Budgeted Item:YESNO Exhibits: SUMMARY& RECOMMENDATION Action Required by Council: Approved for City Council Agenda REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested September 24,2012 Source of Funds:N/A Requested By: Patrice Fogarty Account Number:N/A Department:City Secretary Amount Budgeted:N/A Report X Resolution: Ordinance: Amount Requested: N/A Exhibit: Budgeted Item:YESNO SUMMARY & RECOMMENDATION Building Codes Appeals Board Firefighters’ Pension Board of Trustees Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date Council Agenda Item September 24, 2012 9. (a) Receive report ofFiscal Affairs Committee *********************************************************************************** REQUEST FOR CITY COUNCIL AGENDA ITEM _____________________________________________________________________________________________ SUMMARY & RECOMMENDATION ction Required by Council: Approved for City Council Agenda Council Agenda Item September 24, 2012 10.ADMINISTRATIVE REPORTS (a) Citizens Charter Review Commission Meeting, Tuesday, September 25,2012 (b) Salute to Industry Golf Tournament, Wednesday, October 3, 2012 (c) Salute to Industry Dinner, Thursday, October 4, 2012 (d) City Council Meeting, Monday, October 8, 2012 (e) City Council Meeting, Monday October 22, 2012 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies– Councilmembers Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin and Mayor Rigby. 12.EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.071(1)(A) – Pending or Contemplated Litigation – State vs. Port of Houston - Sound Mediation Texas Government Code, Section 551.071(1)(A) – Pending or Contemplated Litigation – Tammy Cooper vs. City of La Porte Texas Government Code, Section 551.074 – Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Corby Alexander, City Manager 13. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. *********************************************************************************** Council Agenda Item September 24, 2012 14. ADJOURN ***********************************************************************************